Free Stipulation for Extension of Time - District Court of Colorado - Colorado


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Date: July 22, 2005
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State: Colorado
Category: District Court of Colorado
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Case 1:03-cv-02372-PSF-PAC

Document 123

Filed 07/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 1:03-CV-02372-PSF-PAC JACK BARRECA, Plaintiff, v. SOUTH BEACH BEVERAGE CO., INC.; LOTTE U.S.A.; and 7-ELEVEN, INC., Defendants. ________________________________________________________________________ STIPULATED MOTION TO RESET RULE 26(a)(3) EXHIBIT EXCHANGE AND OBJECTIONS ________________________________________________________________________ Plaintiff Jack Barreca and Defendants South Beach Beverage Company, Inc., Lotte U.S.A. and 7-Eleven, Inc. hereby jointly move the Court to reset the time period they are required to exchange exhibits under Fed. R. Civ. P. 26(a)(3) and provide objections to exhibits from July 22, 2005 and August 5, 2005, respectively to September 2, 2005 and September 16, 2005, respectively. In support of this stipulated Motion, the Parties state: 1. The Court entered a Final Pretrial Order on June 30, 2005. Therein, the

Court ordered that Parties exchange exhibits on July 22, 2005 and provide objections to exchanged exhibits no later than August 5, 2005. Those dates are quickly approaching. 2. As the Court is also well aware, there are a number of outstanding motions

pending. It was the Parties' understanding that the Court has been in the process of

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working on those motions and, it is believed, that Orders on those motions should be forthcoming. The Parties jointly believe that resolution of some or all of the outstanding motions will resolve a number of issues for which exhibits are proposed. As a

consequence, it is anticipated that the Court's resolution of pending motions will likely eliminate a number of exhibits proposed to be introduced at trial by each Party. 3. The Parties believe that putting off exchange of exhibits until sometime

after the Court has rendered its decisions on outstanding motions will save all Parties time and expense and is thus appropriate. The Parties thus move the Court to reset the time period for Rule 26(a)(3) exhibit exchange and objections to September 2, 2005 and September 16, 2005. The Parties note that under the proposal, the exchange of exhibits and objections will occur three weeks prior to the Court's currently scheduled Trial Preparation Conference and five weeks prior to the Court's currently scheduled trial date. WHEREFORE, the Parties believe that the interests of justice can only be served by the requested relief. Accordingly, the Parties jointly request that the Court reset the time period to exchange exhibits and final objections to September 2, 2005 and September 16, 2005, respectively.

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DATED: July 22, 2005

Respectfully submitted,

/s Robert R. Brunelli___ Joseph E. Kovarik, Esq. ([email protected]) Robert R. Brunelli, Esq. ([email protected]) Sheridan Ross P.C. 1560 Broadway, Suite 1200 Denver, CO 80202 (303) 863-9700 Counsel for Plaintiff

/s Adam J. Brody______ Kevin Abraham Rynbrandt, Esq. ([email protected]) Adam J. Brody, Esq. ([email protected]) Varnum, Riddering, Schmidt & Howlett, LLP Bridgewater Place / P.O. Box 352 Grand Rapids, MI 49501-0352 (616) 336-6000 Michael L. Hutchinson, Esq. ([email protected]) Paul E. Collins, Esq. ([email protected] Treece, Alfrey, Musat, & Bosworth, P.C. 999 Eighteen Street, Suite 1600 Denver, CO 80202 (303) 292-2700 Counsel for Defendants

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CERTIFICATE OF SERVICE

I hereby certify that on July 22, 2005, I have mailed or served the document or paper to the following non-CM/ECF participants in the manner indicated by the nonparticipant's name:

Mr. Jack Barreca 2500 Cherry Creek South Drive, Unit 124 Denver, CO 80209 South Beach Beverage Co., Inc. 40 Richards Avenue Norwalk, CT 06854 7-Eleven Corporation 2711 North Haskell Avenue Dallas, TX 75204-2906 Lotte U.S.A. 5243 Wayne Road Battle Creek, MI 49015

Via U.S. First Class Mail

Via U.S. First Class Mail

Via U.S. First Class Mail

Via U.S. First Class Mail

/s Lori R. Brown____________ Lori R. Brown Assistant to Robert R. Brunelli Attorney for Plaintiff SHERIDAN ROSS P.C. 1560 Broadway, Suite 1200 Denver, CO 80202-5141 Telephone: 303-863-9700 Facsimile: 303-863-0223 Email: [email protected] [email protected]

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